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WarGamer

(12,444 posts)
Tue Apr 20, 2021, 05:18 PM Apr 2021

Average Minnesota time in Prison for Murder 2... 12.5 years.

Prosecutors to seek enhancements for a longer sentence.

Prosecutors will make their argument in front of the Judge, not a jury.

No criminal record, could be less than 10 years.

For those confused about sentence:

If Chauvin is convicted on any of the charges, he faces maximum sentences of up to 10 years or up to 40 years in prison. If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.

https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.

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Average Minnesota time in Prison for Murder 2... 12.5 years. (Original Post) WarGamer Apr 2021 OP
I'd like longer but even only 10 years means his life is destroyed Sanity Claws Apr 2021 #1
Disagree. WarGamer Apr 2021 #4
No. CrackityJones75 Apr 2021 #6
No WarGamer Apr 2021 #12
Yep you are correct. CrackityJones75 Apr 2021 #15
Don't be sure that he will get a pension Sanity Claws Apr 2021 #11
Apparently he can still get his pension but dflprincess Apr 2021 #22
Why wasn't the Goldman family able to get any of OJ's NFL pension? WarGamer Apr 2021 #23
I have no idea the "Times" article did not include that detail dflprincess Apr 2021 #26
Seems to me that Minnesota should do something to change that law. Luciferous Apr 2021 #27
Yes it should dflprincess Apr 2021 #28
I guess no one at the NY Times can Google. WarGamer Apr 2021 #29
OJ lives in FL former9thward Apr 2021 #30
FAUX News will hire him, they're already apologizing for him uponit7771 Apr 2021 #10
There are the other 2 counts dflprincess Apr 2021 #2
According to what I've read, they won't WarGamer Apr 2021 #5
My lawyer wife says differently but I suppose she could be wrong. CrackityJones75 Apr 2021 #7
Have her read this WarGamer Apr 2021 #9
Nope I was wrong I heard her incorrectly CrackityJones75 Apr 2021 #14
no problem, it's a pity WarGamer Apr 2021 #16
Yeah. Hope the judge leans toward the max rather than min. CrackityJones75 Apr 2021 #17
Not likely, since they are included offenses. Ocelot II Apr 2021 #18
These are all lesser inclusions. Concurrent sentences. CrackityJones75 Apr 2021 #3
The facts WarGamer Apr 2021 #8
Sorry you are right! CrackityJones75 Apr 2021 #13
+1. Will be interesting to see if Judge goes with sentencing guidelines or closer to 40 years. Hoyt Apr 2021 #19
I would hope that the fact he did this under color of law makes for a longer sentence. -misanthroptimist Apr 2021 #20
Few reasons to believe his ultimate time served will fall within 'average' LanternWaste Apr 2021 #21
Great. So he'll get out in 5 years, and never have to buy another drink bullwinkle428 Apr 2021 #24
they could have tried for Murder 1... WarGamer Apr 2021 #25

Sanity Claws

(21,848 posts)
1. I'd like longer but even only 10 years means his life is destroyed
Tue Apr 20, 2021, 05:19 PM
Apr 2021

He will never have a happy day again in his life.

WarGamer

(12,444 posts)
4. Disagree.
Tue Apr 20, 2021, 05:20 PM
Apr 2021

He'll be out in his late 50's with a pension. He can go fishing all day for 25 years.

25+ to make it fair

 

CrackityJones75

(2,403 posts)
6. No.
Tue Apr 20, 2021, 05:22 PM
Apr 2021

He will have to serve time for all three counts. That is IF he makes it out. Not that I agree with violence in prison but it does happen (although not to the extent the public likes to fantasize about)

WarGamer

(12,444 posts)
12. No
Tue Apr 20, 2021, 05:26 PM
Apr 2021

Rachel Moran, associate professor of law at the University of St. Thomas School of Law:

https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.

If Chauvin is convicted on any of the charges, he faces maximum sentences of up to 10 years or up to 40 years in prison. If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.

 

CrackityJones75

(2,403 posts)
15. Yep you are correct.
Tue Apr 20, 2021, 05:27 PM
Apr 2021

I heard incorrectly. I heard consecutively instead of concurrent. You are correct.

Apologies.

Sanity Claws

(21,848 posts)
11. Don't be sure that he will get a pension
Tue Apr 20, 2021, 05:25 PM
Apr 2021

I don't know the rules of his police dept but he may lose his pension because he committed a felony while in uniform.
When he gets out, he won't be able to find work. It's hard to get hired at that age. Combine that with his felony conviction and I don't see any employment for him.
As for fishing, he needs some money to do that. He will be poor and miserable.

dflprincess

(28,078 posts)
22. Apparently he can still get his pension but
Tue Apr 20, 2021, 06:37 PM
Apr 2021

George Floyd's family could sue him and get at least some of it. (This per the NY Times)

dflprincess

(28,078 posts)
26. I have no idea the "Times" article did not include that detail
Tue Apr 20, 2021, 09:45 PM
Apr 2021
https://www.nytimes.com/2020/06/13/us/chauvin-pension-conviction-floyd.html


Even if the former Minneapolis police officer Derek Chauvin is found guilty of murdering George Floyd, he will qualify to receive what could amount to around $50,000 a year in state pension payments.

But how much of that money he will see is less certain: Members of Mr. Floyd’s family, who are expected to file a wrongful-death lawsuit against Mr. Chauvin and the city, may be able to seize his pension distributions if they obtain a sizable judgment.

Some states force public employees who are convicted of serious crimes to forfeit their state pensions. But Minnesota does not, and the agency that distributes them said that could be changed only by legislative action.

Former employees qualify for benefits “if they meet length-of-service requirements, regardless of whether termination of employment was voluntary or involuntary,” the agency, the Minnesota Public Employees Retirement Association, said in a statement. “Under state law, being charged or convicted of a crime does not impact a member’s benefit.”


Maybe different states, different laws?

WarGamer

(12,444 posts)
29. I guess no one at the NY Times can Google.
Tue Apr 20, 2021, 10:01 PM
Apr 2021

Minnesota is an outlier – it is the only state that protects pensions under the promissory estoppel theory: the protection of a promise even where no contract has been explicitly stated.

5 minutes Google and the answer is NO, a Court can't reach into a Pension Fund and take money.

WarGamer

(12,444 posts)
9. Have her read this
Tue Apr 20, 2021, 05:24 PM
Apr 2021

If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.

Rachel Moran, associate professor of law at the University of St. Thomas School of Law

https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.

 

CrackityJones75

(2,403 posts)
14. Nope I was wrong I heard her incorrectly
Tue Apr 20, 2021, 05:26 PM
Apr 2021

You are right he will serve concurrent not consecutively.

I was wrong.

Ocelot II

(115,693 posts)
18. Not likely, since they are included offenses.
Tue Apr 20, 2021, 05:29 PM
Apr 2021

Consecutive sentencing is pretty rare, and it's based on some rather complicated calculations in the sentencing guidelines. https://mn.gov/msgc-stat/documents/Guidelines/2020/August2020MinnSentencingGuidelinesCommentary.pdf

 

CrackityJones75

(2,403 posts)
3. These are all lesser inclusions. Concurrent sentences.
Tue Apr 20, 2021, 05:20 PM
Apr 2021

As I understand it he will be going to jail for a while.

 

Hoyt

(54,770 posts)
19. +1. Will be interesting to see if Judge goes with sentencing guidelines or closer to 40 years.
Tue Apr 20, 2021, 05:31 PM
Apr 2021

I think it will be toward longer end.

-misanthroptimist

(810 posts)
20. I would hope that the fact he did this under color of law makes for a longer sentence.
Tue Apr 20, 2021, 05:32 PM
Apr 2021

The maximum allowable seems reasonable.

bullwinkle428

(20,629 posts)
24. Great. So he'll get out in 5 years, and never have to buy another drink
Tue Apr 20, 2021, 08:19 PM
Apr 2021

in his life when he walks into any racist bar in America.

WarGamer

(12,444 posts)
25. they could have tried for Murder 1...
Tue Apr 20, 2021, 08:20 PM
Apr 2021

Guess they didn't think they had a shot.

After seeing the fast jury, maybe they should have tried.

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